Wednesday, December 25, 2019

The Idiots Manual to Pcat Essay Samples

The Idiot's Manual to Pcat Essay Samples Pcat Essay Samples at a Glance Actually, I'd been born into such a situation. At times, the best method to learn and understand new information is via seeing and understanding work which is already completed. At times it's helpful to observe how others were able to get over the difficult first-line hump. Think freely, but you're not permitted to take into consideration anything else besides the topic available. We can also eliminate choice D, since there is no suggestion he is antagonistic, or prepared for a fight. Apparently, understanding how to clean burning oil isn't high on the list of things every 9-year-old should know. The Characteristics of Pcat Essay Samples In thirty minutes, you must finish your essay, therefore it's crucial you efficiently manage your time. So then you've got a free-association session in the very first few minutes. Allow it to sit for a couple days untouched. Better leadership signals that the present leaders are ineffective. It's very valuable to take writing apart as a way to see just the way that it accomplishes its objectives. It doesn't matter to us, whether you're too busy on the job concentrating on a passion undertaking, or simply tired of a seemingly infinite stream of assignments. Here are a few suggestions for strategies to use this resource effectively. It's only normal to be anxious about hiring an on-line essay writer as you can not ever be sure whether you are employing the perfect service or not. At your interview, you are going to be asked questions by a present pharmacy school student and a faculty member. Students lead busy lives and frequently forget about an approaching deadline. Bridget's essay is extremely strong, but there continue to be a couple little things that could be made better. Stephen's essay is rather effective. Consult your parents to spell out the rear row to you. The New Fuss About Pcat Essay Samples If you fret about the standard of your essay as well as you're worrying about whether you can locate a paper writer it is possible to trust, you have arrived at the right spot. Possessing good essay examples provides the reader an in-depth and on-the-court idea about what a well structured and coherent essay appears like. Notice as well you will not be given information concerning the score dependent on the human reader, nor the score dependent on the Intelligent Essay Assessor. The author starts with a rather thorough story of an event or description of an individual or place. May not be utilized in conjunction with other promotional codes. Replace a number of the cliched language. What Is So Fascinating About Pcat Essay Samples? The coat hanger comes out of a dumpster. The huge pothole on Elm Street that my mother was able to hit each and every day on the best way to school would be filled-in. Explain the auto connection better. Furthermore, certain medications may also help restore bone density. Pr ogesterone is a kind of hormone, and a bicep is a kind of muscle. The Basic Facts of Pcat Essay Samples Browsing our essay writing samples can offer you a sense whether the standard of our essays is the quality you're looking for. The personal essay is a significant portion of your application for admission and supplies you with a chance for you to clearly and effectively express your ideas. These seven sample essays respond to a selection of thought-provoking questions. You may have a well-structured and crystal clear essay with some support. The Ultimate Approach to Pcat Essay Samples It's given as a frequent school assignment and a crucial part in an examination collection. That doesn't need to be so scary! Non-stop hard work and diligence lead to success in the actual exam! It requires you to comprehend the test before beginning the drill-and-practice routine. Things You Won't Like About Pcat Essay Samples and Things You Will This results in neuromuscular defects whose severity is contingent on the degree of the closure defect. Remove the problem source usually means that perhaps 1 approach to address the issue is to eliminate its root cause. New method of solving means that the present system is failing, thus a new system needs to be put into place. And in order to have the time to rewrite, you must start way before the application deadline. In your essay, you must demonstrate that you know the problem described in the prompt, and you must describe a potential solution. For instance, if the issue is the damage to soil brought on by fracking, you can suggest to stop all fracking and locate an alternative that doesn't bring about soil degradation.

Tuesday, December 17, 2019

Essay on Labor Problem at Jamestown - 723 Words

The Labor Problem at Jamestown, 1607-1618 By Edmund S. Morgan In 1502, Columbus set sailed on his last voyage to the New World. The year 1606, James I issues a charter to the Virginia Company for tract of land along the mid-Atlantic coast. This led to Jamestown. The first settlement in America was Jamestown. It was established in 1607 with a 104 male settlers, which was led my John Smith. This article is about the early hard times with Jamestown. Soon it led up to the American Revolution, but the article only goes up to 1618. The article overall idea was the problem with labor in Jamestown. It talked about the people, laws, wealth, etc. The main points in this article were: Spanish discovers, Native American troubles, and working†¦show more content†¦Ã¢â‚¬Å"The company in England was convinced by 1609 that the settlers would have to grow at least part of their own food,†(page 5, Morgan). The settlers had to step up since Indian labor plan was not going to work well. The task they had to accomplish depended on their life. Settle rs had to work from five in the morning to around eight at night. Winter conditions changed the time a little by taking off about 2 hours. Complaints started coming up about laziness and irresponsibility from the workmen. People started raising prices to survive. Men were always hungry barely having the energy to work. That was one of the excuses some men brought up to explain why there working they way they are. The author explains more indebt of the laziness and problems. Even men with large amounts of land could not afford labors. The government issued laws for problems with work and labor, â€Å" Sometimes men were obliged to take on a poor boy as a servant whether they needed him or not. The parish might lighten the burden by paying a fee, but it might also fine a man who refused to take a boy assigned to him,†(page 7, Morgan). Things were falling apart. Jamestown was mostly used for pasture farming areas. It was used to grow grain for bread. They got a lot of their food from the woods where there were nuts and berries. â€Å" The most obvious English analogy to the Jamestown settlement was that of a military expedition,†(page 9, Morgan). JamestownShow MoreRelatedSlavery Was Considered Acceptable And Licit984 Words   |  4 Pagesof time prior to the delineation of authorized regulation of slavery. In 1513, Spaniards traveled across the Atlantic Ocean and arrived on the mainland of North America. Creating settlements in the new-found continent, their pursuit of finding free labor became indispensable. Throughout the decades after their discovery of North America, the Spanish shipped over thousands of both black and white people to make them profitable and productive (Winch 1). The black and whites could be considered as slavesRead MoreSante Fe, Jamestown, and Quebec Settlements1102 Words   |  5 PagesBrianna Mosby Mr. Weigand DE U.S History 25 September, 2012 Settlements of Quebec, Santa Fe, and Jamestown Santa Fe Santa Fe was originally founded in1598 by Juan de Onate. He led a mining expedition of about 500 people. He hoped to find rich mines and rich lands. Onate expected the people, Pueblos, to help with the labor to find resources in the region. The mining trip was a bust and Onate and most of his people decided to head home, yet the Franciscan missionaries stayed behind in anRead MoreLove and Hate in Jamestown Essay1657 Words   |  7 PagesDavid A. Price, Love and Hate in Jamestown: John Smith, Pocahontas, and the Heart of a New Nation (New York: Alfred A. Knopf) As a young child many of us are raised to be familiar with the Pocahontas and John Smith story. Whether it was in a Disney movie or at a school play that one first learned of Jamestown, students want to believe that this romantic relationship really did occur. As one ages, one becomes aware of the dichotomy between fact and fiction. This is brilliantly explained in DavidRead MoreContribution Margin and Break Even Analysis1636 Words   |  7 Pagesit is crucial that its management know in detail the products or services they sale or provide. This is the analysis of two different scenarios at Aunt Connie s Cookies Simulation (University of Phoenix, 2011) and the financial performance of Jamestown Electric Supply Company (Heiter, et. al. 2008). During both analysis I applied concepts like fixed and variable costs, contribution margin, break-even point, indifference point, and operating leverage. Aunt Connie s Cookies Scenario SimulationRead MoreAnalysis Of Donald Trump s Current Popularity And His Inflammatory Statements About Immigrants773 Words   |  4 Pagesto believe that America is a country of xenophobes and bigots. In fact, the opposite is true. America is great, not because we are a nation of winners, as Trump might say, but because we are a nation of immigrants. From the very first settlers of Jamestown to the millions brought through Ellis Island, to the 12 million undocumented workers living in America today, we are a nation who have always welcomed immigrants. But people do not come here because we welcome them. They come for social mobilityRead MoreEssay on Jamestown Vs. New England Colony1272 Words   |  6 PagesJamestown and the Massachusetts Bay Colony had many similarities and differences. Many of these differences were due to their physical location and climatic conditions. The success of both colonies can be contributed to strong leadership and the characteristics of the personalities of the settlers that inhabited each settlement. Many of the early problems in both settlements can be contributed to a lack of knowledge on the parts of the settlers along with attacks from neighboring Native AmericanRead MoreSalvery in the United States1497 Words   |  6 PagesSlavery itself was initially never present in the western civilization when the first settlers emerged from Virginia in the early 17th century. The need for slavery was driven by large quantities of labor, which has been exhibited in different parts of the world. For centuries the Greeks and Romans enslaved prisoners of war, criminals, and among others who fought against authority. In those societies, however, enslavement was a form of punishment and not methods of racial prejudice. Slaves couldRead MoreLove and Hate in Jamestown: John Smith, Pocahontas, and the Start of a New Nation929 Words   |  4 Pagesnew settlement of Jamestown. The crew is very excited to sear ch for gold, silver, and other riches that have supposedly been found in North America. Their previous knowledge of the Spanish enrichment of gold and silver created a group dominated by money hungry, wealthy gentlemen. Aboard the ships were a great deal of gentlemen, but unfortunately lacked in soldiers and working men. The majority of the men were not accustomed to any type of hard labor, and this caused many problems because the conditionsRead MoreThe British Empire During Colonial America1631 Words   |  7 Pagesthan two-thirds of the original crew and passengers when they made landfall in 1607. While entering the mouth of the Chesapeake Bay, they went up the river which they called the James. They decided to establish a colony on a peninsula they called Jamestown. It was a poor site location; it was low and swampy; hot and humid in the summer, which caused outbreaks of malaria; they were surrounded by thick woods, which made it difficult to clear for agriculture; and it was near powerful local natives, ChiefRead MoreThe Story Of Colonization During The Spring Of 1607 Essay1154 Words   |  5 PagesThe story of colonization in America begins with Jamestown in the spring of 1607. The first colony to be established, it was founded by the Virginia Company—a private corporation—and later converted into the royal colony of Virginia. The British were motivated by the allure of having the first permanent settlement and hoped to gain valuable commodities in their venture such as furs, lumber, pitch, and tar. However, these first colonists faced great challenges. They chose an area on a peninsula, hoping

Monday, December 9, 2019

Concept of Creativity and Innovation

Question: Describe about the concept of creativity. Answer: Concept of creativity The creativity of an organization needs to be enhanced for achieving the competitive advantage (Parjanen 2012). The creative atmosphere of the organization fosters the employees to suggest innovative ideas and procedures to the organization. There are significant benefits to the organization in terms of creative work atmosphere and creative employees (Anderson PotoÄ nik and Zhou 2014). The generation of new ideas benefits the organization by process improvements or venturing into new business areas that are more profitable. An organization derives benefit from the feedback from various stakeholders regarding the details of the market place (Anderson PotoÄ nik and Zhou 2014). The organizations are benefitted from inducing creativity within the employees (West 2015). The organizations engage in encouraging the people to determine new market niches within the market and design suitable products that meet the consumer preferences (West 2015). The creative inputs from the em ployees would lead to cost-effective improvements as well as efficiency. The executives should take active steps in harnessing the creativity of the employees and to create an innovative work environment (Florida 2014). The leaders of the organization should influence and transform the organization in a better way. They should search for alternative work process that employs more innovative and creative process (Florida 2014). The leaders should devise innovative solutions that challenge the present thinking pattern (West 2015). They should consider the fact that the workplace consists of different people coming from different cultural backgrounds (Moran Abramson and Moran 2014). The innovation policy should formulate in such a manner that it is suitable for all the sections of the employees (Florida 2014). There is a need of greater collaboration and the encouragement of creative ideas. The leaders or executives should aim at better understanding of the composition of the human resources (Birkinshaw and Duke 2013). They should be aware of the energies, strengths, weakness, passion and other attributes of the employees. The employees should be given enough time and opportunity to brainstorm new ideas (Davenport 2013). The leaders should understand that it is difficult to have creative ideas in a time constrained, high pressure and high stress environment. Objectives of innovative strategy The innovation strategy should include incorporating changes both within the organization as well as outside the organization (Hammond Keeney and Raiffa 2015). The external stakeholders consist of suppliers, customers, vendors and others, who can be a good source of creative ideas. The internal communication systems should be strengthened so that there is an increased level of creativity in the organization (Hammond Keeney and Raiffa 2015). The employees should be encouraged for bringing in new ideas and creative concepts and adequate value should be given to them for incorporating innovative ideas (Hammond Keeney and Raiffa 2015). The employees should be challenged to think in a different manner and hence find suitable solutions to the various problems of the organization. The employees should be given sufficient space to utilize their own judgment (Buirge 2013). The organizational environment should encourage openness, transparency and sufficient freedom of speech to the employees. The different levels of employees should be brought together so that they can work together on same projects, thereby fostering creative ideas from a number of people (Hammond Keeney and Raiffa 2015). The creative employees usually crave challenges and accomplishments and like to stimulate their minds for delivering superior performance (Fullan 2014). The broad objectives of the innovative strategy of the organization are as follows- Encourage creative ideas from the employees and appreciate them Stimulate the minds of the employees Keep the employees intellectually engaged Minimize the unnecessary obstacles of the employees Key Innovative Strategies The companies should aim for creative ideas both from inside the organization as well as outside the organization (Carmeli Gelbard and Reiterà ¢Ã¢â€š ¬Ã‚ Palmon 2013). The organizations should listen carefully to the ideas of the customers and observe their particular behavioral aspects. The ideas behind the customer feedback have a great potential of becoming relevant at the marketplace. The organization must be open to gather and respond to the ideas of their customers (Carmeli Gelbard and Reiterà ¢Ã¢â€š ¬Ã‚ Palmon 2013). The company should avail the creative solutions readily available in the market. The creative solutions or the creative tactics of other organizations through legal channels should be utilized for incorporating creativity in the own organization (Siemens 2014). This approach is helpful for quick solution to a particular problem. The companies usually engage in outside collaboration with other stakeholders, which give them high sales volume from new products (E ccles Perkins and Serafeim 2012). For example, one company was looking for food packaging options, which are sterile. They partnered with polymer and paper companies, along with the manufacturers of hospital sterilization equipments so that they can develop their required packaging designs (Carmeli Gelbard and Reiterà ¢Ã¢â€š ¬Ã‚ Palmon 2013). The companies can partner with other related organizations so that they can gain maximum benefit from the association. The company can look for experts in a wide variety of domains for potential technologies and innovative ideas. The organizational leaders should enhance the internal creativity of the organization (Jia et al. 2014). The leaders should boost creativity within the organization and should design creative approaches for implementation in the organization (Jia et al. 2014). The following factors should be kept in mind for the implementation of creative ideas in the workplace. They are discussed below (Jia et al. 2014)- Leadership and strategic fit- The clear communication regarding the vision, mission and goals of the company would enable the employees to devise their own creative approaches of achieving them (Hackman and Johnson 2013). The employees should understand their role and should think strategically to achieve the goals of the organization. The clear direction of the company would help them to gather a lot if innovative ideas towards the goals (Hackman and Johnson 2013). An effective and transparent communication strategy would enable understanding of the goals as well as challenges, creating business knowledge, celebration of the creative approaches and recognition of the success. The supportive leadership behavior would enable the senior managers to demonstrate commitment towards innovative ideas (Hackman and Johnson 2013). The supportive managers would reward the innovation by promotion practices, which would lead to the empowerment of their teams. The legal and the financial aspects s hould also be kept in mind before the formulation of innovation strategies (Hackman and Johnson 2013). Motivation and reward- The leaders should produce a work environment in which the employees are given sufficient space and liberty to perform at their best abilities (Gerhart and Fang 2015). The work environment, job profile and the organizational policies should inspire and motivate the employees to work in a creative manner (Gerhart and Fang 2015). The positive organizational culture, good industrial relations, smart incentive policy and proper appraisal systems influence the employees to perform better by adopting innovative means (Gerhart and Fang 2015). The reward systems should be properly designed so that it encourages the employees to offer creative solutions to the workplace issues and problems (Gerhart and Fang 2015). For example, the concept of team rewards encourages the employees to share ideas between the peers. The organizations should take of motivation tactics as the reward system brings in motivation to the employees. Organizational design- The organizational business strategy should be taken in consideration while formulating creative strategies for the organization (Schlesinger and Doyle 2015). The inappropriate business strategies act as barrier to creativity. The bureaucratic and not so flexible organizational strategy negatively affects the formation of creative solutions (Schlesinger and Doyle 2015). The structural changes including corporate restructuring, outsourcing may also have a negative impact on the creativity of the organization. The organizational design should be such that there is increased team building and various team review activities. The physical space in the office should be designed in such a manner so that it encourages good opportunities for group debate (Schlesinger and Doyle 2015). This would foster the generation of new ideas from the discussion of a number of people. Some innovative ideas can be applied to the organizations such as planning of open offices and relax ed places, which would encourage the employees to engage in small talks and discuss their individual ideas together (Schlesinger and Doyle 2015). Capability- The organization should have the right employees at the right place. The company should undertake correct recruitment strategy, which identifies the people with high creative skills (Chamorro-Premuzic 2013). The candidates should be thoroughly judged during the recruitment and selection process, which ensures they have a fairly good flow of innovative ideas (Chamorro-Premuzic 2013). The training sessions of the company should be appropriate so that it addresses the innovation practices of the organization. There should be personal development plans for the employees like mentoring, coaching, learning groups and other creative opportunities for learning and sharing the out of the box ideas (Chamorro-Premuzic 2013). The organizations should produce networking opportunities and innovative internal ideas. Culture- The organizational culture is an important factor for accelerating the creativity of the employees (Halim et al. 2014). The creativity can be improved by significant level of risk taking, trust in management and the promotion of continuous learning opportunities. The risk management strategies should allow the employees to feel confident and can concentrate well in their jobs (Halim et al. 2014). The diversity in an organization helps to inculcate the creative sparks in the people of the workplace (Halim et al. 2014). They invent different ways of thinking or different approaches to a common problem. The organization should also maintain good relationships with the external stakeholders in order to keep the communication channels open (Halim et al. 2014). The more information would lead to more creative ideas for the employees. Knowledge and information management- There should be capable information systems that allow the employees to save information and share information (Anderson PotoÄ nik and Zhou 2014). This helps the employees to devise creative solutions towards a problem by looking at the information about the other areas of the organization. The employees are also able to enhance the intellectual capacity and improve the same by the adoption of various perspectives. The information systems allow the organization to look outside the boundaries of the organization (Anderson PotoÄ nik and Zhou 2014). The outside sources of information include market intelligence data. The information sources of the organization look for access and storing of the market intelligence data (Parjanen 2012). The potential problems or future course of action can be identified from these data. There should be an internal two way communication process, which includes the smooth passage of information between th e front line staffs and the decision makers. The customers should have clear access point to the company where they can feed their creative ideas (Anderson PotoÄ nik and Zhou 2014). There should be proper internal information as well as communication processes so that the front line staffs become aware of the importance of the passing the customer insights to the organization (West 2015). Components of a good innovation strategy An innovation strategy should provide true inspiration to the stakeholders and should demonstrate the future condition of the company (Halim et al. 2014). The opportunities formulated in the innovation strategy should provide sufficient input and customize the overall corporate strategy (West 2015). The creative ideas should be utilized in such a way that it reaps the maximum potential benefit. The innovation strategy should be ambitious in nature and should provide a strong basis to be in the forefront of the competition (Birkinshaw and Duke 2013). The concerned organization should beat the competition and make new spaces for themselves in the market (West 2015). The innovation strategy should aim to position the company in a higher rank. The innovative strategy should be of high value and high ambition. It should help the organization to create value addition (Halim et al. 2014). The organization should be shown clear benefits from the adoption of the innovative policy. The innovative policy should be formulated in such a way that it serves the desired purpose as well as it is cost effective in nature (Buirge 2013). The cost benefit analysis should be performed in order to assess the potential benefits of the innovation strategy. The innovative strategy should be specific to the time period in which it is developed (Buirge 2013). The strategy should be up to the mark and should be above the market standards (West 2015). The strategy needs to explore the possible developments in the market and the circumstances while defining the most lucrative market opportunities (Birkinshaw and Duke 2013). The innovative strategy should be adaptive in nature and should be customized over time (West 2015). The learning should be encouraged and sufficient amount of time should be dedicated to the strategies (Buirge 2013). Financial aspect of innovation plan The innovation expenditure comprises of the current expenditure practices as well as investment options for future expenditure. The acquisition of machinery and equipment is necessary for the purpose of innovation (Birkinshaw and Duke 2013). The acquisition of technological advancements is also required for sustaining the innovative practices (Birkinshaw and Duke 2013). The changes in the new processes, new work flows, changes in the production patterns, quality control and others require considerable amount of finances to sustain (Birkinshaw and Duke 2013). The arrangement for the introduction of new services, distribution and production process need the financial support. The market research activities, recruitment of suitable manpower, launch advertisement and others require significant amount of funds (Birkinshaw and Duke 2013). The financial planning should be done that satisfies the best interest of the organization as well as foster an environment of innovation. Conclusion There is a high degree of competition in todays world. The organizations are surviving in an environment that is characterized by cut throat competition, high level of uncertainty and the increasing need to develop unique products and services. It is important for the organization to constantly drive innovation and sustaining change in the organization. The creative environment of the organization has many benefits and a dynamic workplace is the dream of most of the employees. The innovative strategy should have certain objectives and aims before they are implemented in the system. There is a need to keep the employees intellectually engaged and to stimulate the minds of the employees with fresh tasks. The employees should be constantly motivated to perform better by offering innovative ideas to the organization, which would be beneficial for the organization. The innovative ideas often help the organization to solve some of the crucial problems. The innovative strategy should consis t of the leadership and strategic fit, motivation and reward, organizational design, capability, culture, knowledge and information management and others. The organization should involve all the stakeholders in driving innovation and change in the workplace. The employees, vendors, clients, business partners, suppliers and others should contribute equally towards the organizational innovation. The components of a good innovation strategy are discussed. It is very important to implement creative practices in the workplace so that the organization enjoys higher levels of success and recognition. References Anderson, N., PotoÄ nik, K. and Zhou, J., 2014. Innovation and creativity in organizations a state-of-the-science review, prospective commentary, and guiding framework.Journal of Management,40(5), pp.1297-1333. Armstrong, M. and Taylor, S., 2014.Armstrong's handbook of human resource management practice. Kogan Page Publishers. Birkinshaw, J. and Duke, L., 2013. Employeeà ¢Ã¢â€š ¬Ã‚ Led Innovation.Business Strategy Review,24(2), pp.46-51. Buirge, B.M., 2013.Decentralized Design Management: Managing People and the Design Process for a Geographically Dispersed Creative Team(Doctoral dissertation, Kent State University). Carmeli, A., Gelbard, R. and Reiterà ¢Ã¢â€š ¬Ã‚ Palmon, R., 2013. Leadership, Creative Problemà ¢Ã¢â€š ¬Ã‚ Solving Capacity, and Creative Performance: The Importance of Knowledge Sharing.Human Resource Management,52(1), pp.95-121. Chamorro-Premuzic, T., 2013. Seven rules for managing creative-but-difficult people.Harvard Business Review. Davenport, T.H., 2013.Process innovation: reengineering work through information technology. Harvard Business Press. Eccles, R.G., Perkins, K.M. and Serafeim, G., 2012. How to become a sustainable company.MIT Sloan Management Review,53(4), p.43. Florida, R., 2014.The Rise of the Creative Class--Revisited: Revised and Expanded. Basic books. Fullan, M., 2014.Leading in a culture of change personal action guide and workbook. John Wiley Sons. Gerhart, B. and Fang, M., 2015. Pay, intrinsic motivation, extrinsic motivation, performance, and creativity in the workplace: Revisiting long-held beliefs.Annu. Rev. Organ. Psychol. Organ. Behav.,2(1), pp.489-521. Hackman, M.Z. and Johnson, C.E., 2013.Leadership: A communication perspective. Waveland Press. Halim, H.A., Ahmad, N.H., Ramayah, T. and Hanifah, H., 2014. The Growth of Innovative Performance among SMEs: Leveraging on Organisational Culture and Innovative Human Capital.Journal of Small Business and Entrepreneurship Development,2(1), pp.107-125. Hammond, J., Keeney, R. and Raiffa, H., 2015.Smart choices: A practical guide to making better decisions. Harvard Business Review Press. Jia, L., Shaw, J.D., Tsui, A.S. and Park, T.Y., 2014. A SocialStructural Perspective on EmployeeOrganization Relationships and Team Creativity.Academy of Management Journal,57(3), pp.869-891. Moran, R.T., Abramson, N.R. and Moran, S.V., 2014.Managing cultural differences. Routledge. Parjanen, S., 2012. Experiencing creativity in the organization: from individual creativity to collective creativity.Interdisciplinary Journal of Information, Knowledge, and Management,7, pp.109-128. Schlesinger, P. and Doyle, G., 2015. From organizational crisis to multi-platform salvation? Creative destruction and the recomposition of news media.Journalism,16(3), pp.305-323. Siemens, G., 2014. Connectivism: A learning theory for the digital age. West, S., 2015.Playing at Work: Organizational Play as a Facilitator of Creativity(Doctoral dissertation, ALBA Graduate Business School).

Sunday, December 1, 2019

Should insurable interests be abolished Essay Example

Should insurable interests be abolished Essay Should insurable involvements be abolished? In this thesis I will ship upon a elaborate rating of the jurisprudence in relation to ‘insurable interests.’ I shall through analysis of legislative act and case-law describe the current regulations refering to this country of jurisprudence, and shall sketch the advantages and disadvantages of such. Through treatment of the altering fortunes giving rise to insurable involvements I shall so measure whether or non, based upon these analyses, we should get rid of insurable involvement from UK Law. We will write a custom essay sample on Should insurable interests be abolished specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Should insurable interests be abolished specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Should insurable interests be abolished specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The first thing to observe is that historically it has been really hard to place a general regulation to explicate when insurable involvements should use, as there has neer been a general demand for an insured to possess an involvement in the capable affair of an insurance policy. Alternatively specific regulations have been developed for different types of insurance agreements. For illustration, the regulations refering to Life Assurance Policies are set out in the Life Assurance Act 1774, which describes itself as â€Å"An Act for modulating Insurances upon Lives, and for forbiding all such Insurances, except in instances where the Persons sing shall hold an Interest in the Life or Death of the Persons insured, † whereas the regulations refering to Marine Insurance policies are governed by the Marine Insurance Act 1906, a codification of the regulations contained in the earlier statutory instruments ; the Marine Insurance Act 1746 and the Marine Insurance Act 1788. Other policies, including liability and belongings insurance are governed by regulations which have been established through common jurisprudence instead than legislative act, but are similar in nature to the regulations contained within the Marine Insurance Act 1906. I shall discourse the assorted different types of Insurance Policy and the particular regulations which govern the demand of insurable involvements in greater deepness subsequently in this essay, but for now I would merely wish to do the point that the deficiency of general regulations refering to insurable involvement topographic points an interesting new dimension to the treatment subject with which we are faced in this essay ; should insurable involvements be abolished wholly, or are their certain types of insurance policies to which they should go on to use? Before we embark on our analysis of the instance jurisprudence and the legislative act refering to insurable involvements, allow us foremost be clear about the nature of the philosophy. The philosophy of insurable involvements precludes those people who have certain types of involvements in the life, liability or belongings to be insured from lawfully buying insurance policies over those involvements. In basic footings, the philosophy of insurable involvements prevents a individual from taking out insurance policies on life, belongings or liabilities in which that individual has no vested involvement or ownership. The principle for this regulation is about axiomatic ; to let person to take out an insurance policy against, for illustration, the devastation of belongings in which he or she does non hold any ownership would be to efficaciously allow such a individual to utilize the insurance system as a method for chancing, the insurance premiums stand foring the exclusive steak, and the pay-out against the devastation of that belongings as the pay-out. R Merkin, in his article â€Å"Gambling by Insurance – A Study of the Life Assurance Act 1774 [ 1 ] † argues this point persuasively, and points out that such a gambling civilization contravenes the really implicit in aims of the UK insurance system ; it is non a system designed to assist people enrich themselves through bad luck, but instead one which compensates or reimburses for losingss really suffered. Therefore, we may province that one of the cardinal aims of the philosophy of insurable involvements is to continue the insuranc e rule of insurance by forestalling people utilizing insurance as a method for chancing. From this analysis emerges yet another immorality which the philosophy of insurable involvements is obviously trying to forestall ; is person is allowed to see against belongings, life which does non belong to them, so that individual would so hold a vested involvement in the devastation of that belongings. For illustration, if I have taken out insurance against my neighbour’s ?250,000 house, at an one-year premium of ?500, so if the house was destroyed, so I would efficaciously do a net income of ?249,500. Whilst non everybody would really put about to intentionally destruct others belongings, the potency for utmost net income would surely promote some people to prosecute in this pattern. Therefore another chief aim of the philosophy of insurable involvements is to forestall moral jeopardy ; insurance policies should non make inducements for people to destruct the capable affair of the policy. As mentioned antecedently, the philosophy of insurable involvements was established by 18th century legislative act ; the Life Assurance Act 1746 or the Life Assurance Act 1774. These two legislative acts nevertheless failed to prosecute in a definition of what was meant precisely by an ‘insurable interest.’ Debate ensued as to whether an insurable involvement should be limited to strictly legal involvements, or whether a ‘factual expectation’ of an involvement in the belongings would do. The range of this argument can be seen through a comparing of two 18th century instance determinations. The first is the instance of Le Cras v. Hughes 1782 [ 2 ] . The facts of this instance were as follows: A British Captain was appointed Captain of a Spanish vas, which was captured by the British in the war with Spain. Under the Prize Act, the crew of a ship may really, under certain fortunes, be awarded with the rubric of a ship and its goods one time a captured ship returned to England. With this in head, the crew of the ship decided to take out an insurance policy to protect their possible involvement in the ship. On their ocean trip back to England a violent storm destroyed the ship, and as such the Captain and the staying crew tried to claim for the loss of the ship on their insurance policy, but the insurance company refused to pay out on the footing that the legal involvement in the ship had non yet become vested in the Captain as the ship neer managed to return to England in tact. Judge Mansfield, whilst holding with the insurance company that the Captain did non really have a legal anticipation in the vas, still held that the Captain should be able to retrieve. He reasoned that the Captain has acquired what might be described as a ‘factual expectancy’ based upon the fact that from past experience of English maritime usage whenever a gaining control has been made, since the Revolution ( 1688 ) , by sea or land, the Crown has made a grant and there has been no case to the contrary. Judge Mansfield hence held that the Captain of the ship did in fact possess an insurable involvement and was entitled to be reimbursed for the full cost of the ship by the insurance company: An involvement is necessary, but no peculiar sort of involvement is required. Master Holfold s insurance though non a vested involvement, were held insurable. An agent of awards may see his net incomes though they are in eventuality Some writers see this instance as simply an illustration of the jurisprudence intervening and making a philosophy in order to forestall unfair consequences from happening ; the Captain did non take out a policy for the intents of unfair enrichment, but instead to protect his possible involvement in the vas. The opinion of this instance is non in dispute to the insurance rule of insurance, and hence Judge Mansfield could see no ground why the Captains claim should non be allowed. The philosophy of factual outlook may therefore hold been created to let the tribunals to relinquish the rigorous legal regulations where appropriate, i.e. where the consequence through application of the rigorous legal regulations would non be the most merely in the full fortunes of the instance. This instance may hence be seen as an illustration of judicial pragmatism. On the other side of the coin is the instance of Lucena v. Crawford ( 1805 [ 3 ] ) , a instance that attempted to set up a narrow and stiff legal definition of insurable involvement. The facts of this instance are really similar to those that we have merely discussed supra, but in this instance, Lord Eldon decided that he did non desire to advance the philosophy of factual outlook, but instead make a stiff regulation that would advance a greater grade of legal certainty in instances sing the designation of insurable involvements. Lord Eldon insisted that the being of an insurable involvement must depend upon the being of a legal right, and as the Captain did non hold a legal right to the ship in inquiry, he could non be supported by jurisprudence in his claim against the insurance company. His concluding for this determination was as follows ; if the insurance company who had insured the ship were in a place to be able to see a ship when they did non at that minute in clip have any belongings involvement in that vas, so it would similarly be possible for anyone to see the ship and as such all the jobs of the insurance system being used as a method for chancing would once more originate: ..If they have a right so to see, it seems to me that any individual who is directed to take goods into his warehouse may see If moral certainty be a land of insurable involvement, there are 100s, possibly 1000s, who would be entitled to see. First the dock company, so the dock-master, so the warehouse-keeper, so the porter, so every other individual who to a moral certainty would hold anything to make with the belongings, and of class get something by it. Eldon farther supported his statement by manner of a conjectural analogy: Suppose A be possessed of a ship limited to B in instance A dies without issue ; that A has 20 kids, the eldest of whom is 20 old ages of age ; and B is 90 old ages of age. It is a moral certainty that B will neer come into ownership, yet this is a clear involvement. On the other manus, say the instance of the inheritor at jurisprudence of a adult male who has an estate worth 20,000 a twelvemonth, who is 90 old ages of age ; upon his death-bed intestate, and incapable from incurable madness from doing a will, there is no many who will deny that such an inheritor at jurisprudence has a moral certainty of wining to the estate ; yet the jurisprudence will non let that he has any involvement, or any thing more than a mere outlook. In Eldon’s sentiment hence the former would hold an insurable involvement, whereas the latter would non. And so we can get down to see non merely the aims behind the philosophy of insurable involvements, but besides the practical jobs of making a legal trial which will forestall these aims being breached but that will besides, at the same clip allow those who should, in the fortunes of their instance, be awarded wage from their insurance companies, despite their non holding a rigorous legal involvement in the belongings in inquiry. The inquiry which we must now inquire ourselves is this ; are these aims still of import in the twenty-first Century, and if so, are they so of import that the philosophy of insurable involvements must stay in UK jurisprudence? Let us now examine how the philosophy of insurable involvements has developed since the above instances, with peculiar mention to how the regulations differ for each type of insurance policy ; after all, as touched upon earlier in the essay, there is no general regulation that an insurable involvement is required for every type of insurance policy, and hence there is no ground why our decision must be limited to a yes or no reply as to whether this philosophy should be abolished. In relation to life confidence policies, the jurisprudence insists that the insurance company, i.e. the individual taking out the insurance policy, has an insurable involvement in the life of the insured, i.e. the individual whose life is being insured. Straight off we can see a job with using our earlier definitions of insurable involvement to such state of affairss ; a individual can non purely talking have a legal involvement in the life of another. The jurisprudence in this country nevertheless has developed to merely allow people to take out life confidence policies against either their partner, or any individual who is financially dependent upon the individual taking out the insurance policy. The legal authorization for this limited range is contained in subdivision 1 of the 1774 Life Assurance Act, which provides: â€Å"†¦ no insurance shall be made by any individual †¦ on the life or lives of any individual, or on any other event or events whatsoever, wherein the i ndividual or individuals for whose usage, benefit, or on whose history such policy or policies shall be made, shall hold no involvement, or by manner of chancing or wagering: and that every confidence made contrary to the true purpose and significance hereof shall be void and null to all purposes and intents whatsoever.† The inquiry which immediately comes to mind is how the jurisprudence can warrant a differentiation between those twosomes who are married and those twosomes that are un-married but are live togethering in a similar manner? After all we can non doubt the fact that a twosome may be in love with one another and be in close propinquity whether married or non, and as such, the same justification for leting married twosomes to see against each other’s possible decease must use to those twosomes who are populating together. In relation to Marine Insurance, as mentioned earlier, the jurisprudence is governed by the Marine Insurance Act 1906, a codification of the regulations contained in the earlier statutory instruments ; the Marine Insurance Act 1746 and the Marine Insurance Act 1788. The relevant subdivisions refering to the philosophy of insurable involvements are as follows: Section 4 ( 1 ) of the Act provides that: â€Å"Every contract of Marine insurance by manner of gambling or wagering is void.† This subdivision clearly demonstrates that the aims of the philosophy of insurable involvement, as discussed antecedently, were still, in 1906, a great concern to the legislators of the clip. Section 4 ( 2 ) of the Act sets out the state of affairss which will be classed by jurisprudence as ‘gambling or wagering’ : â€Å"A contract of Marine insurance is deemed to be a gambling or beting contract- ( a ) Where the assured has non aninsurable involvementas defined by this Act, and the contract is entered into with nooutlook of geting such an involvement; or ( B ) Where the policy is made â€Å"interest or no involvement, † or â€Å"without farther cogent evidence of involvement than the policy itself, † or â€Å"without benefit of salvage to the insurance company, † or capable to any other similar term: Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurance company. † Within this subdivision we can see an incorporation of both the rigorous legal trial of insurable involvement [ as highlighted in bold above ] along with an recognition that a factual outlook will do as an insurable involvement [ in italics above ] . The existent definition of insurable involvement nevertheless is contained in subdivision 5 of the 1906 Act, which provides that: â€Å" ( 1 ) Subject to the commissariats of this Act, every individual has an insurable involvement who is interested in a marine escapade. ( 2 ) In peculiar a individual is interested in a marine escapade where he stands in any legal or just relation to the escapade or to any insurable belongings at hazard therein, in effect of which he may profit by the safety or due reaching of insurable belongings, or may be prejudiced by its loss, or harm thereto, or by the detainment thereof, or may incur liability in regard thereof.† And so we can see that one of the differences between the philosophy of insurable involvement in relation to life confidence as opposed to marine insurance is the fact that with the former the insurable involvement must be at the clip of taking out the policy [ 4 ] , whereas with the latter an insurable involvement is merely required at the point of loss [ 5 ] . This opposing point of view does non truly do much rational sense, and non merely supports our earlier unfavorable judgment that the philosophy of insurable involvement should use to life confidence policies between single twosomes, but besides raises a concern as to the anomalous nature of the philosophy and the ensuing deficiency of legal certainty. There are farther anomalousnesss ; the regulations of insurable involvements for insurance insurance policies are non governed by either of the above statute law, but instead through common jurisprudence which has come to the place that for such policies an insurable involvement is required but that such an involvement may be direct or indirect and can be proved through demoing that the individual concerned has suffered a loss [ 6 ] . The regulations of insurable involvement for all other types of insurance policy are governed, albeit indirectly, by Section 18 of the Gaming Act which renders unenforceable â€Å"All contracts or understandings, whether by word or in authorship, by manner of gambling or wagering, shall be void and void.† As we can see, the fact that there are different regulations for each type of insurance policy, and the fact that there are disagreements in the application of the philosophy of insurable involvements between each of these different insurance types truly does intend that the jurisprudence in this country is extremely unaccessible, in that the regulations for the application of this philosophy are contained in ancient legislative act and case-law and are non easy to happen, and incoherent, in that there are anomalousnesss such as the one pertaining to the life confidence of un-married twosomes. In portion the anomalousnesss may merely be a consequence of the fact that this philosophy has been developed in a piece-meal manner over a long period of clip, but whatever the grounds the fact is that this is a major unfavorable judgment of the current jurisprudence pertaining to insurable involvements. Waller LJ nevertheless, in the instance of Feasey V Sun Life Assurance Company [ 7 ] , argues that due to the nature of the construct of the philosophy of insured involvements, it impossible to hold the same set of regulations which applies to every type of insurance policy. He said: â€Å"†¦ I would propose that it is hard to specify insurable involvement in words which will use in all state of affairss. The context and the footings of a policy with which the tribunal is concerned will be all important. The words used to specify insurable involvement in, for illustration, a belongings context, should non be slavishly followed in different contexts, and words used in a life insurance context where one identified life is the topic of the insurance may non be wholly apt where the topic is many lives and many events. [ 8 ] † I would reason that whilst I agree that there good may some cardinal and built-in grounds for using the philosophy of insured involvements otherwise dep ending upon which type of loss is the topic of an insurance policy, greater justification is required if such disagreements are allowed to prevail. Ward LJ, in the same instance did non hold with Waller LJ but instead advocated thatâ€Å"for the interest of lucidity and consistence, insurable involvement should bear every bit about as possible the same significance for all classs of insurance.†I agree with Ward’s sentiment. These unfavorable judgments aside, the fact is that in pattern the judiciary tend to favor the determination of an insurable involvement in such instances. The ground for this was expressed compactly by Brett MR in the instance of Stock V Inglis ( 1884 ) [ 9 ] : â€Å"In my sentiment it is the responsibility of a Court ever to tilt in favor of an insurable involvement, if possible, for it seems to me that after investment bankers have received the premium, the expostulation that there was no insurable involvement is frequently, every bit about as possible, a proficient expostulation, and one which has no existent virtue, surely non as between the assured and the insurer.† Given this go oning desire to see that insurance companies meet their fiscal duties to those people from whom they have accepted insurance premiums, and given the legislatives continued committedness to forbid contracts of gaming and wagering, we must inquire ourselves whether or non the philosophy of insurable involvements has any existent topographic point in out 21stCentury Insurance jurisprudence. Besides, the modern demands of uberrima fides [ utmost good religion ] make impulsive revelation of all relevant material facts known to the insured party a legal demand, and based upon this information it is up to the insurance company to make up ones mind whether they wish to see against the hazard in inquiry, and what premium they require. I do non believe that it is just that an insurance company can hold to see person for a hazard at a certain premium, and so when that hazard materialises into a world the insurance company turn about and decline to do payment on the trifle of defic iency of insurable involvements. On this footing I feel that whilst it may non be necessary to get rid of the philosophy of insurable involvements, alteration is surely required to guarantee that it is non used by insurance companies as a proficient land for equivocation of liability. An interesting statement has been put frontward by Clarke in his 2005 article Policies and Perceptions of Insurance Law in the Twenty-first Century [ 10 ] . He argues that the philosophy of insurable involvement does non function its intent in the manner that it purports to make. He argues that people should be allowed to see against what they choose, be it other people or other people’s belongings. He grounds this statement by was of a conjectural illustration: â€Å"If A, for grounds which A knows best, values B s life adequate to pay premiums, why non allow A make so? Why non trust people? Why non swear the constabulary, who will be the first to look at A if B dies all of a sudden, and society at big to see that B is safe from A? † This is a really good point ; after all should belongings be destroyed or a individual be killed the constabulary would be the first to ask as to who would profit from such occurrences and this would in most instances point to the perpetrator. What Clarke does non account for in his statement is the fact that if insuring on other people’s lives became a wide-spread commercial world, it may be really hard for the constabulary to place the individual who performed the condemnable harm or slaying, as the perpetrator may be one of a figure within an insurance mob. Despite this, I do empathise with Clarke’s point of view, and do experience that it would be better to hold a system which was non so randomly restrictive. In decision, I would reason that there surely is a instance for the abolishment of the philosophy of insurable involvements ; the current philosophy and the regulations thereof are really unaccessible, being contained in different and really ancient instance jurisprudence and legislative act, inconsistent [ as between different types of insurance policy ] and in topographic points are unduly restrictive. It can besides be argued that there is no existent demand for the philosophy in 21stCentury insurance jurisprudence, as the contractual demand of uberrima fides coupled with the jurisprudence which prohibit bet oning or beting in such contexts are sufficient to forestall insurance policies being used in such ways without the philosophy of insurable involvements. These are non needfully nevertheless exceptionally strong grounds for get rid ofing this philosophy wholly, but there is no uncertainty that it surely needs reform. The jurisprudence should be clarified, with one regulation which applies to all sorts of insurance policy. Besides, insurance companies should be regulated to a greater grade so that they can non utilize the philosophy as a trifle by which they will seek to avoid paying out on their insurance policies. Bibliography and Mentions Legislative acts: Life Assurance Act 1774 Marine Insurance Act 1906 Marine Insurance Act 1746 Marine Insurance Act 1788 Life Assurance Act 1746 Cases: Le Cras v. Hughes 1782 99 Eng.Rep. 549 ( KB 1782 ) Master Holfold s Lucena v. Crawford ( 1805 ) 127 Eng.Rep. 630 ( 1805 ) 331Dalby 5 India and London Life-Assurance Co ( 1854 ) 15 CB 365 Siu Yin Kwan V Eastern Insurance [ 1994 ] 2 AC 199. Stock V Inglis ( 1884 ) 12 QBD 564 Feasey V Sun Life Assurance Company [ 2002 ] 2 AER ( Comm ) 492 and [ 2003 ] 2 AER ( Comm ) 587 Diaries: R Merkin â€Å"Gambling by Insurance – A Study of the Life Assurance Act 1774† ( 1980 ) 9 Anglo-American Law Review M A Clarke, Policies and Perceptions of Insurance Law in the Twenty-first Century ( 2005 ) P 38. Leimberg and Gibbons, TOLI, COLI, BOLI, and Insurable Interests An Interview With Michel Nelson, Estate Planning Magazine, Vol. 28, No. 1, July 2001, Pg. 333. â€Å"Insurable Interest in Property: A Socio-Economic Re-evaluation of a Legal Concept† B Harnett, JV Thornton Columbia Law Review, 1948 1